Sec. 82.057. ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES, AND COMMON EXPENSE LIABILITIES. (a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocations. These allocations may not discriminate in favor of units owned by a declarant.
(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.
(c) The declaration may provide:
(1) that different allocations of votes must be made to the units on particular matters specified in the declaration; and
(2) for class voting on specified issues affecting the class if necessary to protect valid interests of the class.
(d) A declarant may not use cumulative or class voting to evade any limitation imposed on declarants by this chapter. Units may not constitute a class because the units are owned by a declarant.
(e) Except for minor variations due to rounding, the sums of the undivided interests in the common elements and of the common expense liabilities allocated at any time to all the units shall each equal one if stated as fractions or 100 percent if stated as percentages. If a discrepancy exists between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.
(f) The common elements are not subject to partition. Any purported conveyance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements without the unit to which that interest is allocated is void.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
Structure Texas Statutes
Chapter 82 - Uniform Condominium Act
Subchapter B. Creation, Alteration, and Termination of Condominiums
Section 82.051. Creation of Condominium
Section 82.052. Unit Boundaries
Section 82.053. Construction and Validity of Declaration and Bylaws
Section 82.054. Description of Units
Section 82.055. Contents of Declaration for All Condominiums
Section 82.056. Leasehold Condominiums
Section 82.057. Allocation of Common Element Interests, Votes, and Common Expense Liabilities
Section 82.058. Limited Common Elements
Section 82.059. Plats and Plans
Section 82.060. Exercise of Development Right
Section 82.061. Alterations of Units
Section 82.062. Relocation of Boundaries Between Adjoining Units
Section 82.063. Subdivision of Units
Section 82.064. Easement for Encroachments
Section 82.065. Use for Sales Purposes
Section 82.066. Easement Rights
Section 82.0675. Restriction Relating to Club Membership
Section 82.068. Termination of Condominium